SAN JOSE, Calif. (AP) - San Francisco 49ers linebacker Aldon Smith has been named in a lawsuit by a man who said he was shot during a party at Smith's house.

In the suit filed Tuesday in Santa Clara County Superior Court, Ronndale Esporlas says Smith and his former teammate Delanie Walker fired weapons illegally during the party at Smith's San Jose home in June 2012.

The lawsuit says Smith and Walker were intoxicated on Smith's balcony when they began firing gunshots in the air while trying to end the party.

Esporlas says he was shot twice in the crossfire between two groups after Walker allegedly fired more shots in the driveway.

Neither Walker nor Smith, who was stabbed at the party, has been charged in the incident. Walker now plays for the Tennessee Titans.

Smith's attorney declined to comment and a call to Titans spokesman Robbie Bohren was not immediately returned Wednesday.